Terms of Use

These Terms of Use (hereinafter the "Terms") govern access to and use of the Trigger Flow solution by the authorized users of the PROVIDER's client companies.

Article 1 — Purpose and scope

1.1 These Terms define the rules for accessing and using the Trigger Flow platform (hereinafter the "Solution"), available at app.trigger-flow.com, published and operated by the company Utelys (hereinafter the "PROVIDER").

1.2 The Terms apply to any natural person accessing the Solution under a Subscription taken out by a corporate client (hereinafter the "CLIENT"). Each end user (hereinafter the "User") acknowledges having read these Terms and accepts them without reservation upon creating their account or on first login.

1.3 The Terms supplement, without replacing, the Service Agreement, the General Terms and Conditions of Sale and the Data Processing Agreement entered into between the PROVIDER and the CLIENT.

Article 2 — Description of the Solution

2.1 Functional scope

The Solution is a SaaS platform for customer relationship management and marketing automation dedicated to the hospitality sector. In particular, it enables:

• Centralized management of contacts and their interactions;
• The creation and execution of marketing automation scenarios;
• The sending of communications by email, SMS, WhatsApp;
• The creation and distribution of forms;
• Integration with third-party systems (PMS, channel managers, payment platforms);
• The review of reports and performance indicators.

2.2 Developments

The Solution is under constant development. The PROVIDER may, at any time and without notice, add, modify or remove features, under the conditions and limits set out in the Service Agreement.

2.3 Availability

The Solution is accessible 24 hours a day, 7 days a week, subject to interruptions related to maintenance operations, technical failures, the failure of a third-party service or an event of force majeure. The applicable availability commitments are specified in the Service Agreement.

Article 3 — Creation and management of the User account

3.1 Account creation

Access to the Solution requires the creation of a User account, either by invitation from the CLIENT (administrator) or by the PROVIDER at the CLIENT's request. When creating the account, the User undertakes to provide accurate, complete and up-to-date information, and to keep it up to date throughout the period of use.

3.2 Credentials

The User receives personal credentials (email address + password) that are strictly personal and confidential. The User undertakes to:

• Choose a strong password and change it regularly;
• Keep their credentials confidential;
• Not disclose them to third parties, including their own staff;
• Enable two-factor authentication where offered by the Solution.

Any action carried out from a User account is deemed to have been carried out by that User. In the event of loss, theft, disclosure or suspicion of unauthorized access to their credentials, the User undertakes to inform the PROVIDER and the CLIENT without delay.

3.3 CLIENT's responsibility for accounts

The CLIENT, in its capacity as subscriber of the Subscription, is responsible for managing the User accounts created within its organization: opening, suspending, deleting and assigning access rights. The PROVIDER cannot be held liable for the consequences of a failure by the CLIENT to manage accounts (account of a staff member who has left the company not deactivated, assignment of excessive rights, etc.).

Article 4 — Use of the Solution

4.1 Compliant use

The User undertakes to use the Solution:

• In accordance with its intended purpose and these Terms;
• In compliance with all applicable regulations (GDPR, anti-spam legislation, consumer law, intellectual property, criminal law);
• Without infringing the rights of the PROVIDER, the CLIENT or third parties;
• In good faith.

4.2 Prohibited practices

The following are expressly prohibited, in particular:

• The sending of unsolicited electronic communications (SPAM), or misleading, fraudulent or unlawful communications;
• The dissemination of defamatory, insulting, discriminatory, harassing content, content of a non-consensual sexual nature, or content infringing human dignity or public order;
• Impersonation of any natural or legal person;
• The collection or processing of personal data without an appropriate legal basis;
• The use of the Solution to carry out competing activities (benchmarking with a view to developing a competing solution, systematic extraction of functional data, etc.);
• Any attempt at unauthorized access to the Solution, its source code, its databases or the accounts of other Users;
• Any attempt to circumvent the security measures or the quantitative limits of the Subscription;
• The deliberate introduction into the Solution of viruses, Trojan horses, malware or any other harmful computer code;
• Reverse engineering, decompilation or disassembly of the Solution's code.

4.3 Sanctions

In the event of a breach of these Terms, the PROVIDER may, without prejudice to any damages and to the application of the sanctions provided for in the Service Agreement:

• Issue a warning to the User and/or the CLIENT;
• Temporarily suspend the relevant User's access to the Solution;
• Suspend access to all of the CLIENT's accounts in the event of a serious or repeated breach;
• Terminate the Agreement in accordance with the applicable provisions.

Article 5 — Content introduced by the User

5.1 Ownership

The content (texts, images, files, data) introduced by the User into the Solution remains the property of the CLIENT. The User warrants that it holds all the rights necessary to introduce such content into the Solution and to distribute it.

5.2 Liability

The User and the CLIENT are solely and entirely responsible for the content they introduce and distribute via the Solution. The PROVIDER does not exercise any prior moderation of content and cannot be held liable for its lawfulness.

5.3 Technical use license

Solely for the purposes of performing the service (hosting, display, distribution, backup), the CLIENT grants the PROVIDER a non-exclusive, free license, limited to the duration of the Subscription, over the content introduced into the Solution. This license ends upon deletion of the data.

Article 6 — Experimental features ("Beta")

6.1 The PROVIDER may make available to Users, on an experimental basis, features identified as "Beta", "Preview" or equivalent.

6.2 These features are provided "as is", without warranty of any kind, and may be modified, suspended or removed at any time, without notice or compensation. Their use by the User is at the User's own risk.

6.3 The PROVIDER encourages Users to provide feedback on Beta features. The suggestions, ideas and feedback communicated may be freely used by the PROVIDER to improve the Solution, without any consideration owed to the User.

Article 7 — Intellectual property

7.1 The Trigger Flow Solution and all its constituent elements (source code, object code, interfaces, databases, trademarks, logos, documentation, methodologies, educational content, templates, etc.) are the exclusive property of the PROVIDER or its licensors, and are protected by French and international laws relating to intellectual property.

7.2 These Terms grant the User a simple right to access and use the Solution, strictly personal, non-exclusive, non-assignable and non-transferable, for the duration of the Subscription taken out by the CLIENT. No intellectual property right over the Solution is transferred to the User or the CLIENT.

7.3 Any reproduction, representation, modification, adaptation, translation, distribution, commercial exploitation or public dissemination of all or part of the Solution, by any means and on any medium whatsoever, without the express written authorization of the PROVIDER, is strictly prohibited and would constitute infringement punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.

Article 8 — Personal data

8.1 User data

The PROVIDER processes personal data relating to Users (credentials, connection logs, actions performed in the Solution) for the purposes of account management, security and service improvement. The PROVIDER then acts as data controller, under the conditions specified in its Privacy Policy.

8.2 Data processed via the Solution

The personal data of third parties (the CLIENT's customers, prospects, visitors) processed by Users via the Solution is processed by the PROVIDER as a data processor, under the conditions defined in the DPA entered into with the CLIENT.

8.3 Rights of data subjects

In accordance with the applicable regulations, any person concerned by a data processing operation has rights of access, rectification, erasure, restriction, objection and portability, which they may exercise with the CLIENT (data controller) or, where applicable, with the PROVIDER at the address privacy@trigger-flow.com.

Article 9 — Security

9.1 The PROVIDER implements appropriate technical and organizational measures to ensure the security of the Solution and the confidentiality of data, in particular: encryption of communications (TLS), strong authentication, regular backups, segmentation of environments, access logging.

9.2 The User undertakes to contribute to the security of the Solution by following best practices (strong password, logging out at the end of the session, immediate reporting of any incident).

9.3 The PROVIDER cannot guarantee absolute security. In the event of a personal data breach, the PROVIDER notifies the CLIENT under the conditions provided for in the DPA.

Article 10 — Limitation of liability

10.1 The Solution is provided on a best-efforts basis. The PROVIDER cannot guarantee the complete absence of anomalies, nor a specific operational or commercial result for the CLIENT or the User.

10.2 The PROVIDER cannot be held liable for indirect damages or for the consequences of non-compliant use of the Solution by the User or the CLIENT. The PROVIDER's overall limitation of liability is defined in the Service Agreement.

10.3 The PROVIDER exercises no control over the content introduced by Users and cannot be held liable for its lawfulness, accuracy or compliance.

Article 11 — Amendment of the Terms

The PROVIDER reserves the right to amend these Terms at any time. Any substantial amendment will be notified to Users by email or via the Solution with reasonable notice. Continued use of the Solution after the amended Terms come into force constitutes acceptance thereof.

Article 12 — Governing law and jurisdiction

12.1 These Terms are governed by French law.

12.2 Any dispute relating to the interpretation or performance of these Terms shall be submitted to the exclusive jurisdiction of the courts of Toulouse (France), subject to the applicable mandatory provisions.

Article 13 — Contact

For any question relating to these Terms:

• General email: contact@trigger-flow.com
• Technical support: via the messaging integrated into the Solution
• Questions relating to personal data: privacy@trigger-flow.com
• Postal address: Utelys SAS, 13 rue Saint-Ursule, 31000 Toulouse, France